Art 9A (7)
(7) An aircraft flying in accordance with a permit to fly shall only be flown by day and in accordance with the Visual Flight Rules unless the prior permission of the CAA has been obtained.
Art 129
‘Visual Flight Rules’ means Visual Flight Rules prescribed by the Rules of the Air;
‘Visual Meteorological Conditions’ means weather permitting flight in accordance with the Visual Flight Rules.
ROAR
Rule 24
(2) In relation to flights outside controlled airspace rule 26 shall be the Visual Flight Rules.
ROAR Rule 26
26 (1) An aircraft flying outside controlled airspace at or above flight level 100 shall remain at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 8 km.
(2) (a) Subject to sub-paragraph (b), an aircraft flying outside controlled airspace below flight level 100 shall remain at least 1500 metres horizontally and 1000 feet vertically away from cloud and in a flight visibility of at least 5 km.
(b) Sub-paragraph (a) shall be deemed to be complied with if:
(i) the aircraft is flying at or below 3000 feet above mean sea level and remains clear of cloud and in sight of the surface and in a flight visibility of at least 5 km;
(ii) the aircraft, other than a helicopter, is flying at or below 3000 feet above mean sea level at a speed which according to its air speed indicator is 140 knots or less and remains clear of cloud and in sight of the surface and in flight visibility of at least 1500 metres; or
(iii) in the case of a helicopter the helicopter is flying at or below 3000 feet above mean sea level flying at a speed, which having regard to the visibility is reasonable, and remains clear of cloud and in sight of the surface.
FD You are wrong.
What this says is that if:
(i) the aircraft is flying at or below 3000 feet above mean sea level and remains clear of cloud and in sight of the surface and in a flight visibility of at least 5 km then it is deemed to comply. If you actually comply with 26(2)(a) you do NOT have to be in sight of the surface.
It is there to make you legal if say you are flying at 1500 feet below a 2000 ft cloudbase, which you would not be if you had to comply with 26(2)(a) without this exemption.
Blast - Mark 1 beat me to it
